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2021/027: Regarding the authority’s refusal to grant building consents for the construction of new residential dwellings

This determination considers whether the authority was correct in its purported refusal of three building consent applications for proposed dwellings under sections 49 and 50 of the Building Act 2004. The determination discusses the authority's reasons for refusal, and whether the authority was correct to refuse the applications for the reasons given.

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Homeowner rights and obligations

Essential information about your rights and obligations as you build or renovate.

2016/041: Proposed refusal to issue a code compliance certificate due to variations in level and surface tolerances

This determination considers the level and tolerances in surface finish to the concrete floor slab and consequential variations in the timber framing to a two-story house.  The determination considers the compliance of the slab in relation to loss of amenity under Clause B1 Structure, and the application of the appropriate standards cited in the building consent.

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2024/050: Regarding compliance with the Building Code and the issue of a code compliance certificate for building work associated with a new dwelling

This determination considers the decision to issue a code compliance certificate for a building consent to construct a dwelling.

The determination also considers compliance with the Building Code of a deck, surface water drainage system in the vicinity of that deck and the foundation walls with Clauses B1 Structure, B2 Durability, E1 Surface Water and E2 External Moisture.

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2015/008: Regarding the refusal to issue a code compliance certificate for 18 year-old additions and alterations to a house

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed maintenance to external envelope to ensure it protects the underlying structure for the minimum required life of 50 years, and the modification of durability periods.

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2025/013: The issue of a notice to fix for building work carried out without building consent

This determination is subject to appeal.

This determination considers an authority’s decision to issue a notice to fix for work it considered was building work carried out without a building consent when one was required.

The dispute centres on whether the work that was carried out is building work regulated under the Building Act and for which a notice to fix could be issued.

The determination also considers the form and content of the notice to fix.

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2024/049: An authority’s decision to issue a notice to fix for a small detached building

Note: This determination is subject to appeal​.

This determination considers an authority’s decision to issue a notice to fix in relation to a small, detached building. The notice to fix alleges the owners have carried out building work without a building consent and that some of the building work does not comply with Building Code Clause B1 Structure. The determination considers the authority’s grounds for issuing the notice to fix, and the form and content of the notice.

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2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

This determination considers the compliance of alteration and additions to an existing two-storey house that was the subject of two building consents.  The determination considers the compliance of the as-built work and whether the authority was correct in declining to issue code compliance certificates for the work.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: